SUDHIR KACHHAP Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The issues involved in both the writ applications are same. Thus, both the writ applications are heard together and are being disposed of by this common order.

(2.) Counsel for the petitioners at the very outset submits that he is confining his prayer only to the order, by which, it has been directed that the excess payment, which has been made to the petitioners will be recovered from the salary of the petitioners. Thus, in these writ applications, it has to be decided whether the order of recovery from the salary of the petitioners, on the facts of the case, is justified or not.

(3.) These petitioners are Grade IV employees, and are serving as 'Jamadar' of Jharkhand High Court. The petitioners were appointed by the Hon'ble Patna High Court. After reorganization and bifurcation of the State of Bihar, the petitioners are working in the Hon'ble Jharkhand High Court as 'Jamadar'. A circular was issued on 18.4.2009 by the Finance Department of the Government of Jharkhand which approved transport allowance. The said Resolution has been brought on record and marked as Annexure 2 to the writ application. In the said Resolution, it has been mentioned that since different Regional Offices is interpreting differently, the Departmental Resolution No.660/B dated 28.2.2009 read with letter no.841 dated 16.3.2009, by which a new pay scale has been approved for the employees of the State of Jharkhand, it has become necessary to issue the letter dated 18.4.2009 to rationalize the issue in respect of payment of transport allowance. Clause (IV) of the said letter dated 18.4.2009 provides that employees, who are in the grade pay of Rs.4200-4800/-, are entitled to get transport allowance @ Rs.800/- + dearness allowance. Clause (V) further provides, that if a person is getting pay in the Band of Rs.7440/- (revised), which correspond to unrevised scale of Rs.4000/- will also get transport allowance @ Rs.800 + dearness allowance. Clause (VI) of the said letter provides that an employee whose Grade Pay is less than Rs.4200/- is entitled for transport allowance @ Rs.400/- + dearness allowance.